Late filing for TPS

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Hi Guys,
looks like TPS will be extended for next 18 months but I want to apply the TPS now since I didn't apply during the initial registration period. I meet the requirements for TPS but I didn't apply during the initial registration period. I applied for my wife that time and she is using TPS.

Can i apply for TPS now?

Thanks,

Pokhreli Kancho

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torilahuredai

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I think I read somewhere that if you meet the conditions, even if you didn't apply the first time around, you can still apply now. I will post the source if I can find it again.

Saman Shrestha

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what was the reason you didnot apply TPS!

pokhreli_kancho

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The reason was I am in H1B and was scared thinking it would jeopardize my H1b status. Now, I am convinced that i can have it as back up with my H1b. I checked the USCIS website and it has late filing options but couldn't comprehend that very well.
So someone please explain me.

Thanks,

Pokhreli Kancho

Saman Shrestha

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seems like you have very few chance since you did not file tps in time frame ! are you still in
h1b ? if yes you dont have to worrry even your tps is not accepted because for nepal h1b is rolling faster ! good luck!

sara_solta11

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Pokhreli_Kancho,
I was at same situation last year. My lawyer suggested it is not necessary to apply for TPS since I was at H1B. My fear was if I loose job, my H1B will be jeopardized. But according to him if I could explain with convincing reason for not applying TPS on that period, I can apply TPS anytime as long as TPS for nepal is not terminated. For me (as you as well) convincing reason that we had H1b inorder not apply for it at that time. Hope it helps.

P.S : it is not a legal advice.

pokhreli_kancho

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@sara_solta11. Thanks for suggestion. I still hold H1B and started my GC. But I still want to keep TPS as a backup since we never know how the H1B extension or GC will turn out. Just having Plan B or Plan C whatever you call it.

Thanks,

--Pokhreli Kancha

Last edited: 25-Oct-16 03:43 PM

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